streets in our city closest to our most beloved park more safe for people walking. it clearly -- this project clearly falls into a categorical exemption from a full environmental review. it is clearly minor. and a reversal of the exemption would really set a bad precedent, forcing full reviews on traffic calming projects, even small scale fixes like bulbouts as well as other sustainable design improvements. a reversal would delay not only these current improvements that are much-needed as the previous speaker said on fell and oak, but critical projects in the future. we need safer streets sooner, not with more delays. so thank you very much. >> good evening, supervisors. my name is jason henderson, i'm with the hayes valley neighborhood association.

the hvna enthusiastically endorsed this project and we ask that you reject this appeal. i've participated in multiple meetings on this project. there was a thorough public process. density has been mentioned. the real problem that we acknowledge in hayes valley is the density of cars is the real problem, not the density of people. in fact, we're disappointed that the fell and oak project didn't reduce a lane and look at the whole corridor. but that's another matter and we understand compromise. and so removing the parking was the compromise. and there's no significant impact on automobile intersection level of service, as much as i would like us to get away from using that metric, i do understand that metric and this project has thoroughly looked at that. therefore, there is no impact on transit, the 16x.

the impacts on pedestrians is only positive. so there's no significant environmental impact there. and the impacts on bicycles is only positive. so there's no significant impact there. some of the other issues raised were noise. that struck me as kind of interesting. in my own understanding of transportation noise, the faster you go, the noisier it gets. so by calming and slowing traffic, you have less noise. the safety issue, slower traffic is safer. so the air quality issue struck me. this is a conundrum in regional planning. the general direction, and particularly with ceqa, is to look at the regional air quality and the regional greenhouse gas emissions. the way you do that is to reduce the vehicle miles traveled. this is the kind of project that gets you to your 20% most --

>> good evening, supervisors. my name is morgan fits gibbons here on behalf of the wig party. we work to make the wiggle more sustainable and resilient. i'm here to make a couple of points on behalf of the hundreds and hundreds of people in our organization that live in the neighborhood. the first point has already been mentioned is that this plan was born through a terribly expensive community process, and kudos to the mta for leading a great process. so this is definitely the will of the people. people want their bike lanes on fell and oak. the second point is from may to october, a full five months, the only thing that was happening on this project was the planning department was addressing this very issue of the environmental impact report and if we're now going to go back and look over their work and double back i think maybe we should just consider firing the entire planning department, mak maybe e can solve some of our budgetary

issues this evening. the third issue is -- i'm sure the members of the board are well aware that in 1973 your predecessors passed a law that made san francisco a transit first city. here we are 40 years later talking about removing a bike lane because there are too many private automobiles that will be going around looking for parking. we're not talking about doing initiatives to improve car share or the hundreds of people who will not have to use a car because of these bike lanes. we're talking about removing a bike lane for private automobiles which is so profoundly idiotic. i think it really boggles the mind. the last point is really to reiterate what i told mta board which is that we're living in a time -- crisis this is a time when we need bold action. we don't need two and a half years of looking at six blocks on fell and oak. we have other cities laughing at

us, chicago, minneapolis, portland, new york. i encourage you to reject the appeal. thank you. >> president chiu: walter, his you've already participated in this public comment. no, you can't, actually. thank you. are there any other members of the public that wish to speak in public comment on behalf of the project sponsor? okay. why don't we invite back the appellants for up to three minutes for their rebuttal. >> good evening, mark brennan. mta and mea have not demonstrated class 1 or a categorical exemption exists. there is no bike lane that currently exists. the changes are not minor alterations because onstreet

parking will be removed, concrete plantares and buffers added and a commute lane added -- during commute hours. in order to rely on a categorical exemption agency must provide substantial echedz thaevidence that the project is within the exempt category. they have not conducted a transit analysis that cover the second area and cumulative impacts only rhetoric. the city has a duty to investigate the impacts a project will have. categorical exemptions are not absolute. an exemption must be denied if there is reasonable possibility of a significant effect on the environment due to unusual circumstances. or if, quote, significant cumulative impacts from projects of the same type will result. this plan will cause significant direct secondary and cumulative impacts, increase delays on oak, fell, and intersecting streets due to direct and secondary

parking impacts, signal timing changes amounted cumulative impact on traffic and public safety due to removal of parking, embedments to turning, access to and from the 31 curb cuts that will be affected and reduced visibility on such busy corridors. the masonic avenue bicycle project is only three blocks away yet the city claims they do not overlap so this should not be studied. the masonic plan will remove 167 parking spaces and all commute lanes. there is a target store planned on masonic and geary which will add to the traffic in the area. removing the commuter lane, adding raised plantares throughout the buffer strip and removing over 90 parking spaces constitutes an unusual circumstance of the project. proposed parking mitigation peat adequate. this is a highly dense touristy area and a main east-west

corridor. there's no one else -- impact on neighboring streets such as hayes paige and haight street. part six -- is a priority street. finally, because the fell and oak project is obviously part of the greater plan to create bike lanes ceqa analysis should be done in connection with the eir for the san francisco bicycle plan project not piecemealed from the larger project that is ceqa rule. determination -- the determination made no effort to address the fell oak project in the larger context of the citywide bicycle projects. >> president chiu: thank you very much. colleagues, any final questions to the appellants, project sponsor or any other parties in this hearing? okay. seeing none, this hearing's been held and closed. colleagues, this item is in the hands of the board. supervisor olague. >> supervisor olague: i just wanted to move to affirm the

exemption determination of the san francisco mta and agency fell and oak streets bikeways projects so my motion would be to affirm the determination of the planning department that the san francisco fell and oak project is exempt from environmental review. >> president chiu: motion made toaire firm the categorical exemption tabling items 42, 43, seconded by supervisor campos. discussion? supervisor wiener. >> supervisor wiener: thank you, mr. president. you know, i just want to -- i think i made this point when i was questioning the appellant about how important it is to understand that this appeal is not an appeal on the merits, that is not what this board does. the mta board directors was entrusted by the voters to make these policy decisions. and that's where a lot of the arguments were raised tonight in opposition to this project are i'm sure were directed at the mta board of directors and that

was the appropriate forum. this is about ceqa. and one can love or hate this project, but this is about our application of ceqa. and i do believe that if we were to require an eir tonight, we would be setting a significant precedent for future efforts to do all sorts of different projects to improve safety on our streets, whether you're -- because if you require an eir to remove net 55 parking spots what about adding net 55 parking spots what about taking a surface parking lot and -- a building there and remove those parking spots would that require a full eir for a two story building that i'm building or if you are building a bunch of bulbouts it would create a significant precedent in my view. and so i think that the planning department's determination was correct, and i will be supporting the affirmation of

the cat ex. >> president chiu: supervisor elsbernd. >> supervisor elsbernd: if there's any reason to support his efforts on ceqa reform this last hour and a half should be something that you keep in your memory banks as you consider that legislation next year. >> president chiu: supervisor farrell. >> supervisor farrell: i want to associate my comments with supervisor wiener and president chiu in your comments earlier in your questioning, appreciate the argument on the merits here. i empathize with a number of them but this is not the place. this is a ceqa appeal. i agree with president chiu's question so i will be supporting the -- upholding the eir as well. >> president chiu: supervisor chu. >> supervisor chu: i want to thank the appellants for coming to speak. taking a look at the project itself there are things i support, that will improve the safety of the residents in the area, including the bulbouts and a number of other aspects. the area i'm not so comfortable with is the parking issue. i think that impact is something

that unfortunately i would like to see less parking being lost as a result of the improvements. that being said, there is an exemption within ceqa for this kind of a project and because of that, in applying those rules, i think that we need to actually uphold this exemption. and so unfortunately, i won't be voting to do -- or to uphold your appeal at this moment but again i do think that the parking issue is a large one. >> president chiu: any further discussion? mr. clerk, roll call vote on the motion. >> supervisor farrell, aye. supervisor kim, aye. supervisor mar, aye. supervisor olague, aye. supervisor wiener, aye. supervisor avalos, aye. supervisor campos, aye. >> president chiu, aye. >> supervisor chu, aye. >> supervisor cohen, aye. >> supervisor elsbernd, aye. mr. president, we have 11 ayes. >> president chiu: the motion passes the categorical exemption is affirmed.

colleagues, why don't we go back to general public comment. and hear from members of the public that wish to speak near generally. if i could ask members of the public to excuse yourself from the chamber quietly so we can continue with business. let's hear from the first speaker please. walter. >> thanks. finally. when are you going to get a movie here? when are you going to get some work for us. i thought of a new movie that a supervisor finishes a long term and then he goes in this movie right to the airport, he's gone. leaves -- you ever seen the movie, the stepfather? it sounds like a good -- a little change of a movie. but it sounds like a good one. he leaves the city, just leaves it after that. and thanks for being here. thanks for your work, supervisor elsbernd. and thanks for elsbernd being in

your morning, thanks for being here in our nights. ♪ thanks for changing whatever's wrong, and make it right. ♪ let me wander through this wonderland that the city we do share, and i thank you for always being there. ♪ and i thank you for being supervisor here ♪ christina, thanks for being here, christina, the truth is you never left us, all through our city wild days, our mad supervisor existence, and most of all you kept your promises ♪

♪ what's your city's name? ♪ who's your mayor? is he rich? is he rich like we? ♪ has he taken any time to show you what you city need to live? ♪ it's the time of the season -- >> president chiu: thank you. next speaker. >> good evening. my name is barbara tangori. i've been living across the bay in oakland for several decades, but i do come back and forth, working on several campaigns. but i'm here tonight particularly for one person, who impressed me tremendously for her gutsy vote for sheriff ross

mirkarimi to go back to work as sheriff of this city. christina olague, you were appointed into the position. you took a risk, and i admire you for your principle, rather than the political part of it. thank you very much. and i wish you all the very best. and i'm so glad i was here tonight because i heard a lot of wonderful things. i've never talked top pu i've never met you. i've never even crossed the aisle with you, you know, anywhere. so thank you so much. and i wish you all the very best. and supervisor kim, i was very much surprised. thank you for your vote. supervisor avalos and supervisor campos, i always thought, from the very beginning, because all we needed was just two supervisor votes, to bring him back as sheriff. thank you so very much.

and i'm -- asked one of the sheriffs here this evening, i think he's gone now, how is sheriff ross mirkarimi's doing, and he said he's doing wonderfully. i am very happy to hear that. i wish him, his wife, and their son, all the very best. happy holidays to everybody, and i wish you a very happy new year. good night. >> president chiu: thank you very much. let me just remind members of the public we do have a board rule in the chamber that you should address your comments to all members of the board not to individual members of the board but appreciate the comment. thank you very much. >> i apologize. i was not aware of that. >> president chiu: no worries. thank you. next speaker. >> my name is tammy brian. i hope you will indulge me because it's the supervisor's last evening and i am specifically here but it's for everybody because i think it's important that everybody hear the comments i'm about to make

and i'm going to have to read this off. i've lived in fillmore since 1983 and have been affected by homicide and this is a pressing issue that drivers me to do everything that i do so it's on that note i want to thank supervisor olague for her years. she has been an exemplary leader. in that short time you were our supervisor. in the short time that you were our supervisor you demonstrated your commitment to your constituents and the people of san francisco. i would say more but in the interest of limited time i want to be sure to thank you for your vote to reinstate sheriff mirkarimi. that vote was indeed what the majority of your d5 constituents expected and contrary to what some have said that is not at all why you were not elected. the sheriff was a very popular and well-respected supervisor, and our district strongly supported his reinstatement. your vote to reinstate him actually earned you votes and significantly increased your

support in the district. i want to go on record speaking as a domestic violence survivor for myself and others we know your vote does not mean you condone or minimize the scourge of domestic violence but demonstrates your ability to vote on fact and law rather than emotion. the attacks on you were some pr consultant -- to make a false -- against you. you can leave office with your head held high knowing you did the morally and legally correct thing. the attacks on you have highlighted just how ha rampant racism is. one of the values you have taught me was about servant leadership and that is why i'm sure the right was galvanized to defeat you. they knew your -- >> president chiu: thank you very much. next speaker. >> good evening, supervisors.

david elliott lewis. i'm here to thank supervisor olague for her service. i have to admit when mayor lee first appointed you -- first appointed the supervisor, i was a little leery. i thought maybe she will be beholding to the mayor for her votes, because sort of the payback of the appointment. but i was proven wrong. supervisor olague has shown independence in her thought, in her thinking, in her voting. and of all the tributes that were given to her tonight by her fellow supervisors i especially appreciated jane kim's comments about supervisor olague having heart and mind. and i think that is so true. if i could say anything, that's what i would say about your virtues, a woman of great compassion, and a brilliant mind. and you will be missed. and i hope you'll stay involved in public life. i know you've made comments about looking forward to the peace and quiet of a

post-supervisor retirement. but i hope you will stay involved in some way. that's all. i just want to thank you for your service, thank you, and you'll be missed. bye. >> president chiu: next speaker please. >> good evening, honorable supervisors, president chiu. i'm here -- my name is -- i'm here -- my usual self, and i'm honored to be able to have opportunity -- well i'd like to address her personally, but supervisors, the older i get, i notice less people are doing the right thing, the correct thing, and whether publicly expedient thing. one of the people that -- going in my struggle, my fight, which is very personal, it is to see -- of elected officials who go about considerations of

political experience -- that gives me -- reenforces, invigorates my resolve to continue. i was given very harsh lesson, and i'm very humble, supervisor christina olague. i was harsh -- well -- i was nasty -- okay. and we work for many years. we go back to mission agenda. she was -- i was somewhere else -- homelessness. we work with m.a.c., mission -- we work together. we did good work. and i'm here tonight to -- that hope my indis cretion be forgiven and i'm -- there's a lot of work to do. supervisor elsbernd, i'll miss you.

i like irish. i -- infinity with the irish people. i call them the latin-american, european latin-american, equivalent to latin-americans. i disagree with many of your decisions but i liked you. i think you're honest. >> president chiu: thank you very much. next speaker. >> good afternoon, board of supervisors. to the friends of the san francisco public library, who killed pope john paul ii, the king of pop, michael jackson, president barack h. obama, mayor willie h. brown,

dr. robert c. scott at ucs sf, academic dean keith c. wingate, assistant academic dean seana marshall, legal counsel -- leop adviser jan jamison and mammoth -- a circumcised foreign student from instandbull turkey at golden gate university. between november 2008 and december 2012, was it these hands? was it alcohol? was it drinking alcohol? was it brewing alcohol? or was it tobacco? i would like to use the rest of my time to pay tribute to the fallen.

>> supervisor elsbernd: thank you very much. next speaker please. >> hey, ron austin, executive haven't -- workers union, it's been a long day. we're here to say a few words for the record to the board we received correspondence from sf mta for a service reduction on the day before christmas and the

week after, and subsequently that week in between new year's and christmas. and we didn't know if the board or the city knew. and this is something that was attempted a couple of weeks back with the thanksgiving week, in which we disapproved because the level of ridership that happens after or before the holiday actually is increased with increased shopping and commerce in the union square area, also with people still have to go to work. we've been kind of forced into the situation where they want to meet and confer over this for us to agree to the service cut and i don't think it follows the tenants of the traffic first quality to keep the level of service per the 1996 levels. also the budget includes funding to have a regular service schedule before and after the holiday. that was passed by this board and approved and we don't know why mta feels it's their prerogative to cut that service that has already been budgeted. we are a new union

administration this year. we've tried to have a non-adversarial relationship with mta and have carried forth the philosophy of public service to the visitors and riders in san francisco but we seem to have a hard time joining minds or sharing philosophy of service first at the tim to the public. we bring this issue to you so you can be abreast of it and we are sure the agency hasn't notified you and we are 14 short days away from this time period and we don't know if there's been public outreach. we don't want our brothers and sisters of this city to be left out in the lurch where they don't have ability to use the transportation system for this period of time. >> president chiu: thank you very much. next speaker. >> happy holidays to you, mr. president, and our board of supervisors. the things that we may agree on or disagree on, that's fine,

that's beauty of free speech. i'm here representing the marina property association regarding proposal to build a restaurant at currently deserted degaussing station. my name is victor preato, a resident if the marina, a taxpayer and registered voter. we're requesting that you deny going on with this proposal. it is an area where this restaurant's going to be built has not gone through ceqa, there's no environmental impact regarding trash, traffic, parking light or noise. the traffic and garbage will only attract more seagulls and pigeons. if you have a walk the next morning issue evening along the seawall check out the rat infestation that will multiply more. usc san francisco, i spent nine years as an attending surgeon, i'm attending surgeon at

st. francis hospital where i've been on staff for 28 years covering the emergency room and had the honor of taking care of hundreds if not thousands of citizens, adults and children alike, killed and maimed and severely impaired by drunk drivers. i don't want to have to go home and have the honor and pleasure instead of hearing kids play soccer hear screams of kids getting run over by drunk drivers. i request you think about the proposed restaurant that's being put in there. it's only benefiting one person and that's the developer. thank you. >> president chiu: thank you. next speaker. >> good evening, board of supervisors. let me start off by saying that was not a disrespect to you all, in terms of making a comment on the last session. as i read it within the agenda -- >> president chiu: excuse me, you've already spoken in public comment. we started general public comment before this